Terms of Service

These Terms of Service (the “Terms”) govern the customer’s use of mentions.us (“Customer”).

Service specification

Mentions.us provides an online, keyword tracking software-as-a-service solution (the “Service”). It is integrated with the applicable Communications Platform as an app, and also offered as a website and over email.

To provide the Service, mentions.us will access the customer’s Communications Platform workspace. Mentions.us will store references to channels within the Communications Platform, together with URLs that allow mentions.us to post to those channels. These URLs, and all other sensitive data, will be stored securely and encrypted at rest.

No consultancy, training, trouble shooting or support is within the scope of the Services offered by mentions.us under these Terms.

Customer’s Account

Using mentions.us requires the opening of an Account at mentions.us. This may be completed either by providing an email and password or by using Customer’s Communications Platform Sign-In.

By opening an Account with mentions.us, Customer is deemed to accept these Terms.

An Account may only be used by one single individual. Customer is entitled to create separate Accounts for its employees.

The individual opening the Account represents that he/she has the legal authority to bind the legal entity he/she acts for and (if relevant) provide the Communications Platform Sign-Ins to mentions.us.

In connection with the Account registration Customer is obliged to:

• keep Account data confidential at all times and to do everything to avoid any third party getting hold of the data. In this respect “third party” also includes all employees of Customer that are not designated to use mentions.us;
• immediately inform mentions.us in case of loss, theft or other disclosure of the Account data to a third party or when misuse of the Account data is suspected, and to immediately change the password;
• allow the Account data to be used only by designated administrators that are specified in the registration procedure.

Customer’s obligations

If Customer chooses a paid plan, Customer agrees to pay mentions.us the fees set out in the pricing section at mentions.us from time to time. Mentions.us’s fees will be collected automatically using whatever payment details Customer provided when they signed up.

Customer must not interfere or intend to interfere in any manner with the functionality or proper working of mentions.us.

Customer will indemnify and hold harmless mentions.us, its officers and directors, employees and agents from any and all third party claims, damages, and costs (including reasonable attorney fees) arising out of Customer’s use of mentions.us in a manner not authorized by these Terms or in a manner that violate applicable law.

Our obligations

Mentions.us will use reasonable commercial endeavours to ensure that the Service is performed substantially in accordance with the Service specification and in a timely and professional manner.

Mentions.us will use reasonable commercial endeavours to ensure that any defects in the Service shall be remediated within a reasonable time following a detailed notification of such defect being given to mentions.us by Customer.

Mentions.us will defend Customer from any and all claims, demands, suits, or proceedings brought against Customer by a third party alleging that the Service, as provided by mentions.us to Customer, infringes any patent, copyright, or trademark or misappropriates any trade secret of that third party.

Warranty

Mentions.us warrants that, insofar as it is aware, Customer’s use of the Service and software therein in accordance with these Terms will not infringe the intellectual property rights of any third party.

Customer warrants that: (i) it will comply at all times with these Terms; (ii) it will not use the Service for any purpose that could, in mentions.us’s reasonable opinion, be considered obscene, blasphemous, defamatory, promote or incite terrorism or hatred based on religion, race or disability, or is illegal pursuant to all applicable laws and regulations (including copyright laws); and (iii) it will not introduce to the Service any virus, worm, Trojan horse, adware, spyware or any other form of malicious content, code or software or anything which may otherwise compromise mentions.us’s Service, properties or assets.

Downtime and services suspensions

Adjustments, changes and updates of mentions.us that help to avoid or maintain dysfunctions of the Service may lead to temporary Service suspensions. mentions.us aim to limit downtime of the Service or restrictions of accessibility to less than one hour a month (~99.9% availability).

Customer is aware that the Service relies on a working internet infrastructure. Additional downtime of the Service can occur, if the Website is not available and at any other time with restrictive access to the internet.

Customer is aware that mentions.us does not work if the applicable Communications Platform is not properly available (be it to mentions.us or to Customer).

Rights to use

Subject to and conditional upon Customer’s compliance with these Terms, Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable right to use mentions.us as software-as-a-service via the internet.

Customer is not granted any additional right to the Service or any other intellectual property of mentions.us. Customer shall not be entitled to make copies of the Service or any software therein. Customer shall not translate the program code into other forms of code (de-compilation) or employ other methods aimed at revealing the code embedded in the software of the Service in the various stages of its development (reverse engineering).

Customer is not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the Service.

Logo rights

Customer agrees that until either party terminates these Terms, mentions.us may use Customer’s name and/or logo on mentions.us’s websites and in its customer lists and marketing materials, provided that any such use complies with any usage parameters provided to mentions.us in writing, and is displayed in a manner substantially similar to mentions.us’s display of other customer names and logos.

Limitation of liability

To the maximum extent permitted by applicable law, mention.us and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages including, without limitation, loss of profits, data, use, good will or other intangible losses resulting from Customer’s access to and use of (or inability to access and use) the Service.

In no event shall mention.us’s total liability to Customer for any damages resulting from any claim or series of related claims exceed the amount paid by Customer for the Service within the 12 months preceding such claim or series of claims.

Confidentiality

Each of mention.us and Customer undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party which may have or may in future come to its knowledge and each of mention.us and Customer shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

Term and Termination

These Terms will remain in effect until terminated by mentions.us or Customer in accordance with this paragraph.

Mentions.us or Customer may terminate these Terms with such termination to take effect at the then-current subscription period. Termination may be issued in writing or by using the provided Account closing mechanism, if provided by mentions.us. By terminating these Terms, Customer waives its right to further use of the Service and acknowledges that mentions.us will not be liable to refund any sums paid by Customer in respect of the remaining duration of Customer’s then-current subscription period.

The Warranty, Limitation of Liability, Confidentiality, Governing Law and Jurisdiction, and Resolving Disputes paragraphs will survive termination.

Governing Law and Jurisdiction

Mention.us’s relationship with Customer is governed by New York law, and the courts of New York will have exclusive jurisdiction over any disputes relating or connected to it.

Resolving disputes

Should Customer have any concerns or complaints about the Service mentions.us provides, Customer should contact mentions.us in the first instance using any of the methods set out on the mentions.us Website. Mentions.us will work with Customer in order to understand the issue and work towards a swift resolution.

Notices

Any notice or other communication required to be given to mentions.us or Customer under or in connection with these Terms shall be sent by e-mail to the email-address registered by Customer with the applicable Communications Platform, or to any updated email-address Customer provides from time to time.

Notices to mentions.us must be directed via email, to help@mentions.us.

Final provisions

These Terms, together with any documents referred to in them, or expressed to be entered into in connection with them, constitute the whole agreement between mentions.us and Customer concerning their subject matter.

Customer may set off only legally binding and recognized claims. The rights and obligations arising from these Terms are generally not transferable. However, mentions.us may transfer these Terms with all rights and obligations to a company of its choice.

If any provision of these Terms is or later becomes invalid, or contains omissions, the validity of the other provisions shall remain unaffected. mentions.us and Customer shall agree upon a new provision, which shall resemble the invalid provision as closely as possible in purpose and meaning considering the interests of mentions.us and Customer and the legal regulations, to replace the invalid provision. In the event of an omission in these Terms, a provision shall be agreed upon which shall correspond with that which would have been agreed, pursuant to the purpose and meaning of these Terms, if the matter had been considered by mentions.us and Customer when these Terms was formed.

These Terms may occasionally be modified by mentions.us at any time and such modifications will be reflected on the Website.